South Africa Case Law

South African Marine Fuels v South African Maritime Safety Authority (16198/2021)

South African Marine Fuels v South African Maritime Safety Authority (16198/2021) [2024] ZAGPPHC 83 (29 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

16198/2021

Judge

R G Tolmay

The High Court held that SAMSA may impose only marine-environment conditions under section 21(2) and that a general compliance recordal was not a stand-alone condition.

• Marine Pollution Control
• Administrative Action Review
• Broad Based Black Economic Empowerment
• Jurisdiction Of Statutory Bodies
• Declaratory Relief
• Licensing Conditions

Moroka v Premier of the Free State Province and Others (295/20)

Moroka v Premier of the Free State Province and Others (295/20) [2022] ZASCA 34 (31 March 2022)

Court

Supreme Court of Appeal

Case number

295/20

Judges

Petse, Mbha, Mokgohloa, Mothle, Hughes

The Supreme Court of Appeal set aside decisions on a Barolong Boo Seleka succession dispute, holding the Commission lacked authority because the referral came too late under section 25(5).

• Traditional Leadership Disputes
• Statutory Interpretation
• Review Of Administrative Action
• Customary Law
• Jurisdiction Of Statutory Bodies
• Traditional-leadership-disputes

Pather and Another v Financial Services Board and Others (57617/10)

Pather and Another v Financial Services Board and Others (57617/10) [2014] ZAGPPHC 303; [2014] 3 All SA 208 (GP); 2014 (9) BCLR 1082 (GP) (20 March 2014)

Court

North Gauteng High Court, Pretoria

Case number

57617/10

Judge

N F Kgomo

The court held that the Enforcement Committee had jurisdiction to impose administrative penalties for contraventions of section 76 of the Securities Services Act, 36 of 2004, as the Act's provisions for administrative penalties operate independently of the criminal jurisdiction conferred on the High Court and Regional Court by section 79. The transitional provisions of section 78(4) of the 2008 Amendment Act preserved the Committee's jurisdiction for investigations and proceedings pending or instituted before the amendments took effect, including the applicants' matter. The Committee was enti…

Source excerpt

• Securities Regulation
• Administrative Penalties
• Jurisdiction Of Statutory Bodies
• Standard Of Proof
• Constitutional Review
• Promotion Of Administrative Justice Act